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Christopher D.

Marijuana Could Be Rescheduled: What Would This Mean for Virginia?


The possibility of rescheduling marijuana under federal law has significant implications for Virginia, where marijuana is legal for medical use but recreational sales remain prohibited. With ongoing debates and potential changes in federal policy, it's essential to understand what these changes could mean for Virginians, especially medical marijuana patients and the broader marijuana industry.


The Current Legal Landscape in Virginia

As of July 1, 2021, marijuana is legal for adults aged 21 and over in Virginia, but the sale of recreational marijuana is not yet permitted. The state has made strides in medical marijuana legislation, with the Virginia General Assembly passing laws in 2019 to clarify the right to use CBD and THC oils. 


Physician assistants and nurse practitioners are authorized to register with the Virginia Board of Pharmacy to write certifications for medical marijuana patients. This move was part of a broader effort to increase access to medical marijuana for those in need.


Medical Marijuana Possession Limits

Virginia's laws specify possession limits for medical marijuana patients:


  • Botanical Cannabis: Patients can possess up to 4 ounces per 30 days.

  • Cannabis Products: Patients can have a 90-day supply of products, with each dose containing up to 10 mg of THC.


These regulations ensure that patients have access to necessary treatments while maintaining control over the amount of marijuana in circulation.


Currently, marijuana is classified as a Schedule I substance under the Controlled Substances Act, alongside drugs like heroin and LSD. This classification indicates a high potential for abuse and no accepted medical use. However, under President Biden's direction, there is a proposal to reschedule marijuana to Schedule III, which would acknowledge its medical utility and lower potential for dependence.


What Is Schedule III?

Schedule III substances are defined as drugs with a moderate to low potential for physical and psychological dependence. This category includes medications like anabolic steroids, codeine, and testosterone. Moving marijuana to Schedule III would significantly change how it is regulated and perceived at the federal level.


  • Increased Research Opportunities: Rescheduling marijuana would facilitate more extensive research into its medical benefits and potential risks. This could lead to new therapeutic uses and a better understanding of how to integrate marijuana into medical treatments effectively.

  • Tax Benefits for Businesses: Currently, marijuana businesses face significant tax burdens under Section 280E of the Internal Revenue Code, which disallows deductions and credits for businesses trafficking in Schedule I or II substances. Moving marijuana to Schedule III would lift these restrictions, allowing businesses to benefit from standard tax deductions.

  • Improved Patient Access: With fewer restrictions, medical marijuana patients in Virginia and across the country could see improved access to high-quality, affordable marijuana products. This would be particularly beneficial for those who rely on marijuana for managing chronic conditions.


Why Medical Marijuana Is Still Crucial

Even with the potential rescheduling, obtaining a medical marijuana card remains vital for several reasons:


  • Legal Access to Dispensaries: As of now, the only legal way to access marijuana dispensaries in Virginia is through a medical marijuana card. Recreational sales are not yet permitted, so having a card ensures patients can legally purchase marijuana products.

  • Financial Benefits: Once recreational dispensaries open, medical marijuana will continue to have the advantage of lower taxes. This financial benefit makes it worthwhile for patients to maintain their medical marijuana cards, ensuring they can access their medicine at a reduced cost.

  • Targeted Treatment: Medical marijuana products are tailored to meet specific medical needs. Patients can choose from a variety of forms, including edibles, tinctures, vape pens, and topical applications, to find the most effective treatment for their conditions. This level of customization is often not available in the recreational market.

  • Professional Guidance: Obtaining a medical marijuana card involves consultation with a healthcare provider. This ensures that patients receive professional guidance on the appropriate use of marijuana for their specific conditions, leading to safer and more effective treatment outcomes.

  • Quality Assurance: Licensed dispensaries provide high-quality, lab-tested products, ensuring that patients receive safe and effective marijuana. This contrasts sharply with unregulated sources, which can be risky and unreliable.


The Road Ahead for Virginia

The decision to reschedule marijuana now falls on the DEA, DOJ, and the Attorney General. The outcome of this decision will shape the future of marijuana policy in Virginia and beyond. While rescheduling would bring many benefits, it is essential to continue advocating for comprehensive and fair regulations that ensure safe and equitable access to marijuana for all Virginians.


Organizations like NORML and Smart Approaches to Marijuana continue to play critical roles in shaping marijuana policy. NORML argues that marijuana's relatively low abuse potential is inconsistent with its current Schedule I status, advocating for its reclassification. On the other hand, groups like Smart Approaches to Marijuana caution against broad tax breaks for large marijuana companies, highlighting the need for balanced and responsible policy changes.


For Virginia residents, staying informed and engaged with ongoing legislative developments is crucial. Public comments and community feedback play significant roles in shaping policy decisions. By participating in these discussions, Virginians can help ensure that the state's marijuana laws evolve in ways that prioritize public health, safety, and economic justice.


As the state navigates these changes, ensuring safe, equitable, and responsible access to marijuana remains a top priority. Through continued advocacy, education, and community engagement, Virginia can lead the way in creating a fair and effective marijuana regulatory framework.


Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is already available in Virginia! You can get your medical marijuana card and access dispensaries today if you have a qualifying condition.


Recreational marijuana is legal in Virginia, but it does not mean much since there are no recreational dispensaries to purchase products from.


There are also countless benefits to having your medical card in a recreational state! You will save money on taxes and marijuana products and enjoy higher possession and purchase limits if you have your medical card in Virginia!


In order to qualify for your medical marijuana card, you will need to have a condition that would make you eligible. If you aren’t sure if you would qualify, give us a call and we can answer any questions you may have about the process.


If you don’t already have your card, no worries. We can help! If you think you could benefit from medical marijuana, there is a good chance you would qualify for your medical card in the State of Virginia. With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!


In Virginia, any inhibiting condition could qualify you for your medical card. If you don’t already have it, we can help! Schedule an evaluation online today and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.


 

Doctors Who Care.

Relief You Can Trust.


At Virginia Marijuana Card, our mission is helping everyone achieve wellness

safely and conveniently through increased access to MMJ. Our focus on

education, inclusion, and acceptance will reduce the stigma for our patients by

providing equal access to timely information and compassionate care.


Call us at (888) 633-5808, or simply book a medical marijuana evaluation to start getting relief you can trust today!

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